There were three decisions on unemployment benefits from the Minnesota Court of Appeals on Monday 8/31/15.  The first two cases stand for the proposition that an applicant for unemployment benefits must be available for suitable employment.  The first case is unique because it was reversed.  The third case was affirmed, and is a fairly typical misconduct case where the applicant was found ineligible for unemployment benefits because of employment misconduct.

1. A15-0072 Michelle Davidsavor, Relator, vs. Department of Employment and Economic Development, Respondent

Relator raises procedural and substantive challenges to an unemployment-law judge’s decision that she was ineligible for unemployment benefits.  The Appeals Court ruled that "[t]he situation did not demand greater procedural protections than Davidsavor received; therefore, the ULJ’s decision was not made upon unlawful procedure or in violation of constitutional provisions."  However, the Appeals Court 'conclude[d] that the ULJ’s finding that Davidsavor was not available for and actively seeking suitable employment after August 31, 2014, is “unsupported by substantial evidence in view of the entire record as submitted.”'  As such, the Appeals Court reversed the determination that Davidsavior was ineligible for unemployment benefits.

2. A15-0053 Ahmed Ghanim, Relator, vs. FedEx Kinko’s Office and Print Services, Inc., Respondent, Department of Employment and Economic Development, Respondent.

Relator Ahmed Ghanim challenges the unemployment-law judge’s determination that he was ineligible for benefits because he was not actively seeking suitable employment. Because substantial evidence in the record supports the unemployment-law judge’s determination, we affirm.

3. A15-0096 Courtney Paulson, Relator, vs. General Nutrition Center, Inc., Respondent, Department of Employment and Economic Development, Respondent.

Relator Courtney Paulson challenges an unemployment-law judge’s determination that she is ineligible for unemployment benefits. Because substantial evidence supports the unemployment-law judge’s conclusion that Paulson committed employment misconduct.  The misconduct in this case consisted of providing falsified "cycle reports" to the employer and causing the employer financial loss for her personal gain.  As a result, the Appeals Court affirmed the determination of ineligibility.

If you are denied unemployment benefits, or are an employer who wants to challenge a former employee's eligibility for benefits, your best bet is to meet with an attorney who handles unemployment appeals to discuss your options.  To that end, I represent both applicants and employers in unemployment appeals.  Please call (763) 450-9494 today to set up an appointment to discuss your situation.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  Also, Tim is licensed only in state and federal courts in Minnesota.  As such, any information provided in this blog post pertains only to those jurisdictions.  Further, you should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.



10/21/2015 3:00pm

Thanks for writing this post as it is helpful for the people to check their case and if they are finding some problems with it they can correct it first before making any decision.


Leave a Reply